CLA-2-18:R:N2:228 814254
Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702-1508
RE: The tariff classification of fig products from Italy.
Dear Mr. Gallo:
In your letter dated August 23, 1995 you requested a tariff
classification ruling.
The samples of four products, submitted with your letter,
were examined and disposed of. "Fichi Del Cosentino di Trecce"
are dried figs that have been baked, "braided" (arranged into two
overlapping rows and secured with wooden dowels), and wrapped in
plastic. These figs are available in quantities weighing 300
grams, 500 grams or 1 kilogram. "Fichi Alle Mandorle" are dried
figs that have been baked and stuffed with almonds and coated
with syrup. They are packaged in cardboard boxes containing 350
grams, net weight. "Bocconicini Misti Ricoperti Al Cioccolato"
is an assortment of pieces of fig paste made from dried figs,
flavored with coffee, rum, orange, lemon, or gianduia and covered
with dark or white chocolate, or with orange or lemon-flavored
icing. The assortment is available in basket-like packages
weighing 300 grams or 500 grams, net weight. "Fichi Al
Cioccolato" are baked, dried figs covered with fondant chocolate,
and packaged in cardboard boxes containing 350 grams, net weight.
The applicable subheading for the "Fichi Al Cioccolato" and
the "Bocconicini Misti Ricoperti Al Cioccolato" will be
1806.90.9000, Harmonized Tariff Schedule of the United States
(HTS), which provides for chocolate and other food preparations
containing cocoa: other...other...other...other...other. The
rate of duty will be 6.8 percent ad valorem.
The applicable subheading for the "Fichi Del Cosentino" and
"Fichi Alle Mandorle" will be 2008.99.2800, Harmonized Tariff
Schedule of the United States (HTS), which provides for
fruit...otherwise prepared or preserved, whether or not
containing added sugar...other...other...figs. The rate of duty
will be 11.6 percent ad valorem.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The sample you
have submitted does not appear to be properly marked with the
country of origin. You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Stanley
Hopard at 212-466-5760.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division